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HomeMy WebLinkAbout2009-113THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009-113 Being a by-law to authorize a Suspension Agreement between Ontario Power Generation and The Corporation of the Municipality of Clarington WHEREAS at their meeting held on July 13, 2009, the Council of the Municipality of Clarington adopted the recommendations contained in Addendum to Report CAO-003-09; NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: THAT the Mayor and Municipal Clerk are hereby authorized to execute, on behalf of The Corporation of the Municipality of Clarington and seal with the Corporation Seal, a Suspension Agreement between Ontario Power Generation and The Corporation of the Municipality of Clarington to suspend the operation of the Clarington-Hydro Agreement. THAT the agreement attached hereto as Schedule "A" forms part of this By-law. By-law read a first and second time this 13th day of July, 2009. By-law read a third time and finally passed this 13th day of July, 2009. ~_ - _ Jim net ayor - ~ ~ -~~~% _ - - i - _ - _ _r =j_ _ _ " ~- _ / `~ _- atti arri unieipal Clerk EXECUTION COPY SCHEDULE 1 AGREEMENT TO SUSPEND OPERATION OF THE CLARINGTON-HYDRO AGREEMENT This Agreement is effective as of August 31, 2009 between ONTARIO POWER GENERATION INC., a corporation existing under the laws of Ontario ("OPG"), and THE CORPORATION OF THE ;MUNICIPALITY OF CLARINGTON, a corporation existing under the laws of Ontario (the "Clarington") RECITALS A. Whereas Clarington and Ontario Hydro aze parties to the Clarington Hydro Agreement made as of 27~' day of October, 1993 (the "C-H 1993 Agreement"); B. Whereas Clarington, Ontario Hydro and The Corporation of the Regional Municipality of Durham executed the Tri-Partite Agreement on or about the time of the execution of the C-H 1993 Agreement (the "Tri-Partite Agreement"), the form of which was attached as Schedule 1 to the C-H 1993 Agreement; C. Whereas OPG is the successor in right, title and interest to Ontario Hydro with respect to the C-H 1993 Agreement; D. Whereas Clarington and OPG shall execute, simultaneous with the execution of this Agreement, a host municipality agreement to which the form of this Agreement is Schedule 1 (the "Host Municipality Agreement") which sets out, inter alia, the terms and conditions of payment of compensation by OPG to Clarington in connection with OPG's plans to construct and operate New Build (as defined in the Host Municipality Agreement) in the Municipality of Clarington; and E. Whereas the Host Municipality Agreement acknowledges that OPG and Clazington shall make the Agreement herein. THEREFORE IN CONSIDERATION OF the covenants hereinafter contained and for value received, the parties agree as follows: 1. Clarington and OPG hereby agree that operation of the provisions of Section 1(ii) of the C-H 1993 Agreement be and is hereby permanently suspended in relation to New Build and the Protected Area Existing Site (as defined in the Host Municipality Agreement). 2. OPG and Clarington hereby agree that Clarington shall not require or take any steps to require any of OPG, Project Co. (as defined in the Host Municipality Agreement) their assigns or agents, in respect of both New Build and the Protected Area Existing Site, to apply for or pay for building permits or development charges under the Building Code Act, 1992 (Ontario) (the "BCA") or the Development Charges Act, 1997 (Ontario) (the "DCA") or require OPG, Project Co., their assigns or agents as aforesaid to otherwise comply with the Ontario Building Code under the BCA, for buildings or structures within the Protected Area or Protected Area Existing Site (both as defined in the Host Municipality Agreement). 3. OPG and Clarington hereby agree that with respect to the area outside the Protected Area relating to New Build on the New Build Site, neither this Agreement nor the Host Municipality Agreement affects any rights that Clarington and OPG may have under Applicable Laws (as defined in the Host Municipality Agreement) with respect to whether Claringron may require, and OPG acknowledges that it is Clarington's intenfion to so require, that building permits be applied for and paid for pursuant to the BCA or the DCA, or that there be compliance with the Ontario Building Code. 4. None of the provisions of Section 1 of this Agreement affects in any way Section 1(ii) of the C-H 1993 Agreement respecting matters other than New Build and the Protected Area Existing Site. This Agreement shall terminate and have no force or effect simultaneously with any ternunation of the Host Municipality Agreement effective as of August 31, 2009 between OPG and Clarington. 6. This Agreement may be executed in counterparts, each of which when executed shall be deemed to be an original, but all of which when taken together shall constitute one and the same agreement. Signatures by facsimile shall be as effective as original signatures to this Agreement 3 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date hereof. ONTARIO POWER GENERATION INC. THE CORPORATIO QF :THE-' - _ - MUNICIPALITY OF~ARIl~&TON ~yil~r/~~G~' Name: Tom Mitchell Title: President and Chief Executive Officer I have authority to bind the Corporation. Patt(~ 1•ie, icipal Clerk We ave authonty to bind the Corporation.